HomeMy WebLinkAboutcc min 2007/12/04
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
December 4, 2007
4:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:04
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, McCann, Ramirez, Rindone, and Mayor
Cox
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Garcia, City Attorney Moore, City Clerk Bigelow, and
Deputy City Clerk Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY REDEVELOPMENT MANAGER ERlC CROCKETT, OF
EMPLOYEE OF THE MONTH, JOSE DORADO, COMMUNITY DEVELOPMENT
SPECIALIST II
Redevelopment Manager Crockett introduced Employee of the Month, Jose Dorado. Mayor Cox
read the proclamation and Councilmember McCann presented it to Mr. Dorado.
. REPORT ON THE 2007 CHRISTMAS IN OCTOBER PROGRAM
Dr. Emerald Randolph and Assistant Director of Planning and Building Remp shared highlights
of the recent Christmas In October event, and acknowledged the volunteers present at the
meeting who participated in the event. Dr. Randolph then introduced to the Council, the two
recipients of the Christmas in October program, Mary Weithaus and Billie Bull, who thanked the
City and volunteers for supporting the program.
. PRESENTATION BY MAYOR COX OF A PROCLAMATION COMMENDING
EMERALD RANDOLPH FOR HER EXEMPLARY SERVICE
Mayor Cox read the proclamation and Deputy Mayor Rindone presented it to Dr. Randolph.
CONSENT CALENDAR
(Items 1 through 12)
Mayor Cox announced that Consent Calendar Item 4 and Item 9 would be removed from the
Consent Calendar, and taken separately, noting that Councilmembers McCann and Ramirez
would be abstaining from voting on Item 4, due to conflicted property ownership; and
Councilmember McCann would also be abstaining from voting on Item 9.
CONSENT CALENDAR (continued)
I. WRITTEN COMMUNICATIONS
A. Letter of resignation from Bill Hieronimus, member of the Board of Appeals &
Advisors.
B. Letter of resignation from Joseph V. Alberdi Jr., member of the Design Review
Committee.
Staff recommendation: Council accept the resignations and direct the City Clerk to post
the vacancies in accordance with Maddy Act requirements.
2. A. ORDINANCE NO. 3087, ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHAPTER 15.06, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL
BUILDING CODES, TO THE CHULA VISTA MUNICIPAL CODE (SECOND
READING AND ADOPTION)
B. ORDINANCE NO. 3088, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA BUILDING CODE, 2007 EDITION (SECOND
READING AND ADOPTION)
C. ORDINANCE NO. 3089, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2007
EDITION (SECOND READING AND ADOPTION)
D. ORDINANCE NO. 3090, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA MECHANICAL CODE, 2007 EDITION (SECOND
READING AND ADOPTION)
E. ORDINANCE NO. 3091, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2007 EDITION (SECOND
READING AND ADOPTION)
F. ORDINANCE NO. 3092, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA PLUMBING CODE, 2007 EDITION (SECOND
READING AND ADOPTION)
G. ORDINANCE NO. 3093, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE
ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION (SECOND READING
AND ADOPTION)
Page 2 - Council Minutes
December 4, 2007
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CONSENT CALENDAR (continued)
The California Building Standards Commission has mandated that jurisdictions within
the state start enforcing the 2007 Editions of the California building codes on January I,
2008. The adoption of California building codes is a routine action undertaken by the
City in response to newly State adopted building codes. This action will allow the City to
incorporate appropriate local amendments into the enforcement program. (Planning and
Building Director)
Staff recommendation: Council adopt the ordinances.
3. A. RESOLUTION NO. 2007-268, ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE DISSOLUTION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT AND THE TRANSFER OF COMMUNITY
DEVELOPMENTS ADMINISTRATION, ECONOMIC DEVELOPMENT, AND
PLANNING FUNCTIONS TO THE REDEVELOPMENT AGENCY,
ADMINISTRATION DEPARTMENT, AND PLANNING AND BUILDING
DEPARTMENT RESPECTIVELY
B. RESOLUTION NO. 2007-269, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE MERGING OF THE GENERAL
SERVICES AND ENGINEERING DEPARTMENTS INTO THE NEW
ENGINEERING AND GENERAL SERVICES DEPARTMENT, THE TRANSFER OF
THE ENVIRONMENTAL MANAGEMENT, TRAFFIC OPERATIONS, AND
LANDSCAPE INSPECTION PROGRAMS FROM ENGINEERING AND GENERAL
SERVICES TO PUBLIC WORKS, THE TRANSFER OF FLEET OPERATIONS
FROM PUBLIC WORKS TO THE ENGINEERING AND GENERAL SERVICES
DEPARTMENT, AND CHANGE THE NAME OF THE PUBLIC WORKS
OPERATIONS DEPARTMENT TO PUBLIC WORKS
C. RESOLUTION NO. 2007-270, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ESTABLISHMENT OF THE
FOLLOWING NEW POSITION CLASSIFICATIONS: DIRECTOR OF
REDEVELOPMENT AND HOUSING, ASSISTANT DIRECTOR OF
REDEVELOPMENT AND HOUSING, REDEVELOPMENT AND HOUSING
MANAGER, PRINCIPAL ECONOMIC DEVELOPMENT SPECIALIST, SENIOR
ECONOMIC DEVELOPMENT SPECIALIST, PRINCIPAL PROJECT
COORDINATOR, SENIOR PROJECT COORDINATOR, PROJECT COORDINATOR
II, PROJECT COORDINATOR I, DIRECTOR OF ENGINEERING AND GENERAL
SERVICES, ASSISTANT DIRECTOR OF ENGINEERING AND GENERAL
SERVICE/CITY ENGINEER, DIRECTOR OF PUBLIC WORKS, AND ASSISTANT
DIRECTOR OF PUBLIC WORKS
D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE FOLLOWING TITLES: ASSISTANT
DIRECTOR OF REDEVELOPMENT AND HOUSING, REDEVELOPMENT AND
HOUSING MANAGER, ASSISTANT DIRECTOR OF ENGINEERING AND
GENERAL SERVICES/CITY ENGINEER, ASSISTANT DIRECTOR OF PUBLIC
WORKS, AS WELL AS THE DELETION OF THE FOLLOWING TITLES:
ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT, ASSISTANT
Page 3 - Council Minutes
December 4, 2007
DIRECTOR OF PUBLIC WORKS AND OPERATIONS, AND HOUSING MANAGER
(FIRST READING) (4/5THS VOTE REQUIRED)
CONSENT CALENDAR (continued)
In order to achieve cost savings and improve efficiency, staff is recommending the
reorganization of the development and maintenance services departments, which will
result in the elimination of 9 positions at an estimated annual savings of $1.2 million.
These reorganizations were presented to Council at the November I, 2007 budget
workshop. (City Manager)
Staff recommendation: Council adopt the resolutions and place the ordinance on first
reading.
4. Item 4 was removed from the consent calendar for discussion.
5. RESOLUTION NO. 2007-272, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING
AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED
ASSESSMENT DISTRICT NO. 2007-1 (FIRST AVENUE) AND ORDERING THE
CONSTRUCTION OF IMPROVEMENTS
Residential properties along First A venue, between Naples Street and Palomar Street, are
currently without curbs, gutters, and sidewalks. Property owners signed a petition
requesting that special assessment district proceedings commence for the purpose of
financing the construction of these improvements. Staff completed the preliminary
design and cost estimates for this project, and the Council adopted resolutions, which
accepted the petition, approved the proposed boundary map and preliminary Assessment
Engineer's Report, set a public hearing and ordered the initiation of ballot proceedings.
On September II, 2007, Council conducted the public hearing and ballot proceedings.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2007-273, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE FINAL REPORT OF EXPENDITURES
FOR THE "CHULA VISTA COMMUNITY PARK EMERGENCY SLOPE REPAIR"
AND RATIFYING THE ACTIONS OF THE CITY MANAGER AND DIRECTOR OF
ENGINEERING AND GENERAL SERVICES FOR MAKING AND EXECUTING A
CONTRACT FOR SAID EMERGENCY REPAIR WITH CASS CONSTRUCTION,
INC. ESTABLISHING A CAPITAL IMPROVEMENT PROJECT FOR THE WORK
COMPLETED, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
On September 4, 2007, staff was informed by the Otay River Contractors that the slope
located adjacent to the Southbay Expressway (SR-125) at Otay Lakes Road had been
undermined and a large cavity created. In accordance with the emergency provisions of
Section 1009 of the City Charter, City staff contracted the services of CASS
Construction, Inc. for the repair, and an informational item was submitted to the Council
stating that a final report on the full cost of the project would be forthcoming. The staff
report provides the total expenditures for the repair. (Engineering and General Services
Director)
Page 4 . Council Minutes
December 4, 2007
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Staff recommendation: Council adopt the resolution.
CONSENT CALENDAR (continued)
7. RESOLUTION NO. 2007-274, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $54,520 IN TRANSPORTATION
DEVELOPMENT ACT FUNDS TO THE "REAS SLURRY SEAL PAVEMENT
REHABILITATION FISCAL YEAR 2007/2008 (STL-340)" PROJECT FROM THE
AVAILABLE FUND BALANCE (4/5THS VOTE REQUIRED)
On October 30, 2007, the City received a letter from SANDAG indicating that payment
of Transportation Development Act funds were processed to the City for a grant that the
City had received for the Bay Boulevard Bike Lane Improvements project.
Appropriations are necessary to reimburse the "REAS Slurry Seal Pavement
Rehabilitation (STL-340)" project, which included the bike lane improvements.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution.
8. A. RESOLUTION NO. 2007-275, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA SETTING AUGUST 1,2008 AS THE DATE BY WHICH
PROPERTY OWNERS WITHIN UNDERGROUND DISTRICT NO. 134 ALONG
EAST L STREET FROM MONSERA TE A VENUE TO NACION AVENUE SHALL
BE READY TO RECEIVE UNDERGROUND UTILITY SERVICE, SETTING
DECEMBER 31, 2009 AS THE APPROXIMATE DATE BY WHICH POLES,
OVERHEAD WIRES AND ASSOCIATED OVERHEAD FACILITIES ARE
REMOVED WITHIN THE DISTRICT, AUTHORIZING THE INCREASE OF
UTILITY ALLOCATION FUNDS TO APPROXIMATELY $1,654,000, AND
REQUESTING THAT THE UTILITY COMPANY PAY FOR THE INSTALLATION
OF PRIVATE LATERAL CONNECTIONS FROM THE CITY'S RULE 20A FUNDS,
AND AUTHORIZING THE UTILITY COMPANY TO INSTALL THOSE PRIVATE
LATERAL CONNECTIONS
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.32 OF
THE CHULA VISTA MUNICIPAL CODE TO REFLECT CHANGES TO THE
PUBLIC UTILITIES COMMISSION RULE 20A ON UTILITY UNDERGROUNDING
(FIRST READING)
On December 10, 2002, the City Council held a public hearing and approved Resolution
No. 2002-509 establishing Utility Underground District No. 134 along East L Street from
Monserate Avenue to Nacion Avenue. The resolution also authorized the expenditure of
utility allocation funds to subsidize private service lateral conversion. The subsequent
adoption of Public Utilities Commission Rule 20.A.3 allows the construction of private
service laterals to be included as part of the undergrounding project. The proposed
ordinance revises the Chula Vista Municipal Code to be consistent with these changes.
(Engineering and General Services Director)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
9. Item 9 was removed from the consent calendar for discussion.
Page 5 - Council Minutes
December 4, 2007
CONSENT CALENDAR (continued)
10. RESOLUTION NO. 2007-276, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA
BENEFITS PLAN FOR 2008
The Internal Revenue Code requires that employers offering cafeteria plans under Section
125 have a written plan document, and that the employer adopt the plan document
annually. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
II. RESOLUTION NO. 2007-277, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $173,857 FROM THE CALIFORNIA OFFICE
OF TRAFFIC SAFETY, AMENDING THE FISCAL YEAR 2007/2008 POLICE
BUDGET FOR THE SOBRIETY CHECKPOINT PROGRAM, AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
The Police Department has received funding from the California Office of Traffic Safety
for the Sobriety Checkpoint Program, with the goal of reducing the number of people
killed in alcohol-involved crashes. (Police Chief)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2007-278, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A MASTER COMMUNICATIONS SITE
LICENSE AGREEMENT WITH OMNIPOINT COMMUNICATIONS INC., (T-
MOBILE) FOR THE INSTALLATION AND OPERATION OF AS MANY AS 25
WIRELESS TELECOMMUNICATIONS FACILITIES OR SUBSTANTIALLY
SIMILAR FACILITIES ON CITY-OWNED AND CONTROLLED PROPERTY,
SUBJECT TO ALL NECESSARY APPROVALS, FOR A PERIOD OF 5 YEARS
WITH AN OPTION TO RENEW FOR AS MANY AS FIVE ADDITIONAL 5- YEAR
TERMS; AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
Adoption of the proposed resolution would establish a Master Communications Site
License Agreement (MLA) between the City and Omnipoint Communications, Inc. (T-
Mobile) for the installation of as many as 25 total wireless telephone facilities on
property owned or controlled by the City. The City and T-Mobile are parties to an
existing MLA, entered into by Pacific Bell Wireless, LLC, T-Mobile's predecessor,
which would be replaced by the proposed agreement. (Conservation and Environmental
Services Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember McCann moved to approve the balance of the consent calendar,
headings read, texts waived. Deputy Mayor Rindone seconded the motion and it
carried 5-0.
Page 6 - Council Minutes
December 4, 2007
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ITEMS REMOVED FROM THE CONSENT CALENDAR
4. RESOLUTION NO. 2007-271, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF A FISCAL YEAR
2008/2009 BICYCLE TRANSPORTATION ACCOUNT (BTA) GRANT
APPLICATION AND CERTIFYING THAT MATCHING FUNDS ARE OR WILL BE
AVAILABLE THEREFOR
Adoption of the resolution approves the submittal of a $135,630 Bicycle Transportation
Account grant application to Caltrans for Fiscal Year 2008/2009 in order to provide for
citywide bicycle amenities such as replacement of bus-mounted bike racks, roadway
signage for bicycle facilities and for traffic signal video detection units in order to
encourage alternative modes of transportation. (Engineering and General Services
Director, Public Works Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Cox moved to approve staffs recommendation and offered Resolution No.
2007-271, heading read, text waived. Deputy Mayor Rindone seconded the
motion, and it carried 3-0-2, with Councilmembers McCann and Ramirez
abstaining due to conflicted property ownership.
9. A. ORDINANCE OF THE CITY OF CHULA VISTA REPLACING CHAPTER 18.54 OF
THE CHULA VISTA MUNICIPAL CODE RELATING TO FLOODPLAIN
REGULATIONS WITH CHAPTER 14.18 (FIRST READING)
B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 14.04
(FIRST READING)
The original floodplain ordinance was adopted in November 1978, and amended to meet
standards of the National Flood Insurance Program in August of 2006. Adoption of the
proposed ordinances brings the City into full compliance with current requirements.
(Engineering and General Services Director)
Staff recommendation: Council place the ordinance on first reading.
ACTION:
Mayor Cox moved to approve staffs recommendations and placed the ordinances
on first reading, headings read, texts waived. Councilmember Rindone seconded
the motion, and it carried 4-0- I, with Councilmember McCann abstaining.
PUBLIC COMMENTS
Patricia Lopez, ChuIa Vista mobilehome owner, expressed concern about closure of the
mobilehome park where she currently resides, and questioned why the City had not moved
forward on the Mobilehome closure ordinance. She stated that the City was not doing its job in
providing affordable housing for its low-income residents, and asked Council to fix the
ordinance.
Page 7 - Council Minutes
December 4, 2007
PUBLIC COMMENTS (continued)
Steven Pavka asked the Council to repeal the existing towing ordinance, stating that the current
towing costs were excessive, out ofline, and an exploitation ofthe older residents and those who
could not afford such costs.
Barbara Rivas, Chula Vista resident, expressed concern regarding youth violence in the City,
stating that communities that did nothing to address the victimization of youths were silently
sending a strong message to perpetrators that it was okay to commit acts of violence. She then
spoke about the proliferation of youth violence in the City, with incidents of murders and gunfire
in many of the neighborhoods.
Mayor Cox referred Ms. Riva's concerns to Police Chief Emerson. Additionally,
Councilmember Ramirez invited Ms. Rivas to participate in the City's Public Safety
Subcommittee meetings to discuss her concerns.
Ned Ardugna, Chula Vista resident, spoke about the white paper on community strengthening for
Southwestern Chula Vista, and a past letter from the City to the residents of the Castle Park
community addressing a proactive compliance program to identify and solve violations that
contribute to neighborhood blight. He stated that if the City was really examining a
neighborhood for blight, it should look at its own policies and maintenance of the infrastructures,
including streets and more. Further, the community had been requesting road improvements and
sidewalks from the City, all of which had been denied. He stated he had been a voice in support
of redevelopment of the Southwestern areas of the City, but was now the face of opposition.
Greg Mattson, representing the Third A venue Village Association (T A V A), spoke regarding the
success of the recent Starlight Parade. He congratulated the City and thanked all those who
participated in the event.
Items 17 and 18 were taken out of order and discussed prior to the public hearings.
PUBLIC HEARINGS
13. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR
COLLECTION
Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Page 8 - Council Minutes
December 4, 2007
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PUBLIC HEARINGS (continued
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-279, heading read,
text waived.
RESOLUTION NO. 2007-279, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT
SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING
PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR
TAX BILL
Mayor Cox seconded the motion, and it carried 5-0.
14. CONSIDERATION OF PROPOSED ASSESSMENT OF CERTAIN DELINQUENT
SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Chula Vista Municipal Code Section 8.24 allows delinquent solid waste service charges
to be assessed as recorded liens upon the affected properties and ultimately placed on the
property tax bills for collection. (Finance Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public hearing. There being no members of the public who wished to
speak, Mayor Cox closed the public hearing.
ACTION:
Councilmember McCann moved to adopt Resolution No. 2007-280, heading read,
text waived.
RESOLUTION NO. 2007-280, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND APPROVING PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL
Councilmember Castaneda seconded the motion, and it carried 5-0.
15. CONSIDERATION OF FEE WAIVER REQUEST BY CALVARY CHAPEL
On October 29, 2007, a request for the waiver of the balance of development review
deposit account #DQ1235 was received from Calvary Chapel. Such requests may be
considered by the City Council per Municipal Code Section 3.45.010. (Planning and
Building Director)
Page 9 - Council Minutes
December 4, 2007
PUBLIC HEARINGS (continued)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DENYING THE FEE WAIVER REQUEST OF CALVARY CHAPEL, SAN
DIEGO OF OCTOBER 29, 2007, REGARDING DEVELOPMENT REVIEW
DEPOSIT ACCOUNT #DQI235
Mayor Cox announced that Item 15 would be postponed to a future date at the request of the
applicant. The item was not discussed and no action was taken.
16. CONSIDERATION OF PRESENTATION OF 2006/2007 CONSOLIDATED ANNUAL
PERFORMANCE EVALUATION REPORT AND SOLICITATION OF PUBLIC
INPUT ON THE FUNDING PRIORITIES OF THE COMMUNITY DEVELOPMENT
BLOCK GRANT, THE HOME INVESTMENT PARTNERSHIPS ACT PROGRAM,
AND THE EMERGENCY SHELTER GRANT
The purpose of the public hearing is to meet the City's requirement to hold a minimum of
two public hearings to allow for adequate citizen participation in the allocation of federal
grant funds. This item also provides a year-end report on the City's grant administration
performance for the program year 2006/2007. (Redevelopment Agency Executive
Director)
Staff recommendation: Council conduct the public hearing.
Mayor Cox announced that Item 16 was continued to a future date at the request of staff. The
item was not discussed and no action was taken.
ACTION ITEMS
Councilmember Castaneda stated he would be abstaining from voting on Item 17, due to the
proximity of his residence to the Downtown parking management study. He then left the dais.
17. CONSIDERATION OF A RESOLUTION ACKNOWLEDGING THE VOTE OF 3-1-1
IN FAVOR OF ITEMS 8(A) AND 8(B), CONSIDERED BY THE COUNCIL ON
NOVEMBER 13, 2007, PERTAINING TO DOWNTOWN PARKING, AND AN
ORDINANCE MODIFYING THE CHULA VISTA MUNICIPAL CODE REGARDING
PARKING METER RATES AND OVERTIME PARKING FINE RATES
On November 13, 2007, the City Council considered a resolution accepting the
Downtown Parking Management Study, approving the Downtown Parking Interim
Action Plan, and directing staff to prepare a Downtown Parking Management Plan, along
with an ordinance amending the Chula Vista Municipal Code to modify parking meter
rates and the overtime parking fee. The Council voted 3 members in favor, I opposed
and 1 abstained. Although the resolution and ordinance had passed, the City Clerk and
Councilmembers thought it had failed due to the understanding that the ordinance
required a 4/5ths vote. Based on this statement, the City Clerk did not process the
resolution or place the ordinance on the next agenda for second reading. Adoption of this
resolution acknowledges the error and directs the City Clerk to process the resolution and
place the ordinance on the next agenda for second reading. (City Attorney)
Page 10 - Council Minutes
December 4, 2007
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ACTION ITEMS (continued)
Deputy City Attorney Miller answered questions about a four-fifths vote requirement that was
placed on this item at the meeting of November 13, 2007. He stated that staff had researched and
acknowledged that the vote of 3 members in favor, I opposed, and I abstained was, under the
law, a passing vote.
Dr. Richard Freeman, representing the T A V A Parking Committee spoke in support of the study
and believed that parking meters were necessary on Third A venue. He spoke of the need for
communication with the community on parking meters and encouraged the Council to approve
staff recommendation to form a parking district to address related issues.
Jack Blakely, Executive Director of TA V A, spoke of the need for formation of a parking
subcommittee to address whether or not parking meters should stay or go, and long term
ramifications resulting in removal of the meters. He encouraged the Council to support the
parking study.
Charles Moore, President of the Chula Vista Chamber of Commerce spoke in support of the staff
recommendation for a parking management study.
Dr. Peter Rullan, believed that the parking study did not represent the "little people," such as his
employees and patients, and believed that the proposed parking fee increase was too high. He
stated that alternative parking locations were poorly lit, posing security and safety concerns. He
stated that if the City wanted to support doctors in the urban core, parking must be protected and
available at an affordable rate.
Deputy Mayor Rindone requested staff to review and confirm all requests that indicate validation
of the four-fifths vote requirement.
Councilmember McCann stated that the City bureaucracy had miss-managed City parking lots
for over 40 years with broken meters and un-maintained lots. He spoke of his prior direction for
staff to look at opportunities on how to better manage the City's parking lots. He expressed the
need to be innovative by conducting discussions with Five Star Parking and Ace Parking, and
T A V A. He was hopeful that staff would look at opportunities to improve management of the
parking facilities.
ACTION:
Councilmember Ramirez moved to adopt the following Resolution No. 2007-281,
heading read, text waived:
RESOLUTION NO. 2007-281, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ACKNOWLEDGING THE VOTE OF 3-1-1 IN
FAVOR OF ITEMS 8(A) AND 8(B), CONSIDERED BY THE CITY COUNCIL
ON NOVEMBER 13, 2007; AND DIRECTING THE CITY CLERK TO: I)
PROCESS THE RESOLUTION RELATED TO ACCEPTING THE
DOWNTOWN PARKING MANAGEMENT STUDY; APPROVING THE
DOWNTOWN PARKING INTERIM ACTION PLAN; AND DIRECTING
STAFF TO PREPARE A DOWNTOWN PARKING MANAGEMENT PLAN;
AND, 2) BRING BACK THE ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 10.56
MODIFYING PARKING METER RATES, AND 10.62 MODIFYING THE
OVERTIME PARKING FINE RATE FOR ITS SECOND READING
Page 11 - Council Minutes
December 4, 2007
ACTION ITEMS (continued)
Deputy Mayor Rindone seconded the motion, and it carried 4-0-1, with
Councilmember Castaneda abstaining, due to the proximity of his property to the
downtown parking district.
Councilmember Castaneda returned to the dais at 5:39 p.m.
18. CONSIDERATION OF RESOLUTIONS AUTHORIZING THE CITY MANAGER TO
IMPLEMENT BUDGET REDUCTION PROPOSALS
The Council has considered potential budget reductions during two separate budget
workshop sessions and through a straw polling process, indicated support for 163 of the
proposed reductions totaling $6.9 million in savings over the remainder of fiscal year
2007/2008, and $15 million in annual savings beginning in fiscal year 2008/2009. The
report provided summarizes the budget reductions that were supported by Council, and
recommends two additional proposals be included in the final budget-balancing plan.
Adoption of the resolutions approves the implementation of the proposed budget
reduction plan. (City Manager)
City Manager Garcia presented the proposed budget reduction proposals.
Budget and Analysis Director Van Eenoo further explained the budget reduction process.
Elizabeth Chopp, President, Western Council of Engineers (WCE) stated that two Associate
Engineer positions that were workload-related and slated for layoffs, were disproportionately
affected. Regarding Wastewater and Traffic Divisions, she stated that the workload had
increased, and the two Engineering staff being considered for layoffs were experienced in these
areas. She spoke of the need by the City, to seek alternative funding sources such as grants. She
stated that part of the City's wealth was its employees and she would hate to see the City lose
them.
Aaron Murphy, representing the Chula Vista Employee Association (CVEA) expressed concern
about the uncertainties of his position in the Wastewater Division. He stated that the Wastewater
Division was currently understaffed and that any further staffing cuts would greatly impact
services to the City.
Sergio Senoff, Public Works Maintenance worker stated that the employees were not responsible
for accruing the budget shortfalls, yet they were out on the streets maintaining and cleaning City
facilities with the best interests of the City. He asked the Council to reconsider the proposed
staffing cuts, stating that further staffing cuts would leave the department ill-equipped to serve
the increasing needs of the City.
Winston Martin, Lead Custodian, spoke on behalf of the General Services Custodial Division,
stating that the staff took pride in what they did and provided excellent customer service. He
stated that the division was currently short-staffed, and any further loss of hourly or temporary
employees would make it increasingly difficult to maintain services, and to meet federal and
state guidelines for maintenance of the City's jail. He asked the Council's consideration not to
cut any positions in the General Services Custodial Division.
Page 12 - Council Minutes
December 4, 2007
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ACTION ITEMS (continued)
Steward Sneed spoke on behalf of the hourly staff in the General Services Department Custodial
Division, stating that the hourly staff were not benefited positions, and serve an important role in
the City. He asked the Council to give careful consideration to avoid further staff reductions.
David Bisbal, Tree Trimmer, stated that his position was proposed to be eliminated, and
explained that any further staff reductions within the existing five-person crew, would negatively
impact their ability to respond to the City's growing needs. Further, that outsourcing for tree
trimming services was expensive and substandard to that of City staff. He questioned why his
position was previously removed from the budget cut list, and then returned to the cut list.
Juan Llamas, Jr., Equipment Operator, Graffiti Division, stated that his position was one being
cut, and he advised the Council on the negative impacts the proposed cut would have on the City.
He stated that the existing four-member crew serves the entire City. He asked the Council to
reconsider the elimination of one graffiti crewman and the Urban Corps contract, in order to
preserve beautification of the City.
Raymond Brown, representing CVEA and Public Works, stated that staff reductions from any
department would impact services to the citizens. He questioned why the Public Works
employees were taking staffing cuts for the budget deficit that they were not responsible for. He
then asked the Council to consider the quality of life of the citizens and employees before
making staffing cuts.
Peggie Mazzeppi, Senior Maintenance Worker stated that although the Street Department
continued to be understaffed and under funded, it was preposterous for the City to consider any
further staffing reductions. Furthermore, the increasing growth of the City was placing further
pressure on the Street Department to maintain potholes and sidewalk repairs.
Roy Jennings, Tree Trimmer, asked the Council not to overlook the importance of the essential
services provided by the Public Works staff, and to reconsider avoiding staff layoffs.
Tony Contreras, Public Works Specialist stated it was always the little people who were directly
impacted with stafflayoffs, and he asked the Council to avoid layoffs in Public Works.
Kim Walker, Owner of the Comfort Inn and Suites, Chula Vista, urged the Council to avoid
budget cuts for the Visitors and Information Center and Chamber of Commerce activities, stating
that these organizations playa vital role in the marketability of hotels in the City. Furthermore,
TOT revenues from these facilities provided a positive contribution to the City.
Dr. Chris Searles spoke regarding the proposed cuts to Parks and Recreation programs, stating
that the proposed cuts would undermine the City's ability to provide vital structured physical
activities for the most underserved members of the community, particularly those on the west
side.
Page 13 - Council Minutes
December 4, 2007
ACTION ITEMS (continued)
Richard Preuss, Police Communications Specialist expressed concern about the proposed
elimination of two Police Service Officer positions, which would result in the requirement by the
remaining staff to work 12-hour shifts, which he believed would be unsafe for the employees,
and asked Council to consider removal of the two positions from the cut list. Additionally, he
also requested consideration by Council of maintaining the two Police Dispatcher positions,
which he believed were vital to maintain levels of service for the Police Department
Communications Center.
Chuck Schrader, representing CVEA stated that his intention was to save as many jobs as
possible and that he did not believe in layoffs. He stated that the contract custodians were very
concerned about the future oftheir positions, and he asked the Council to get things right, even if
it took a while.
Terry Strauwald, representing CVEA stated that the root cause of the budget shortfalls had not
yet been identified. He spoke of the need to maintain flexibility with the proposed budget
reductions. He recommended implementation of an incentive program for future budget cycles,
with suggestions from employees on budget savings.
Lisa Cohen, CEO, Chula Vista Chamber of Commerce referenced a letter from Monica Ramos,
representing Knotts Soak City, about how the park had grown over the past eight years as a result
of marketing by the Chamber of Commerce. Ms. Cohen spoke on behalf of the Metropolitan
Transit System (MTS), requesting a 90-day hold off on the budget cuts in order to evaluate the
impacts on the MTS budget. Ms. Cohen requested that Council re-consider the proposed funding
cuts to the Chula Vista Visitors and Information Center.
Nicole Holenstein, General Manager, Holiday Inn Express in Chula Vista explained the benefits
of brochures provided to them by the Chamber of Commerce for local hotels and their guests that
assist with revenue generation for the City through TOT tax. She urged the Council to keep the
Con Vis budget in tact in order keep the City as a destination.
At 6:42 p.m., Mayor Cox announced a recess of the City Council Meeting to convene the
meeting of the Redevelopment Agency, followed by the meeting of the Housing Authority.
Mayor Cox reconvened the Council Meeting at 7:00 p.m. At 7:03 p.m., Mayor Cox announced a
recess of the City Council Meeting. The Council Meeting reconvened at 7:35 p.m. with all
members present, and continued discussion regarding Item 18.
City Manager Garcia recapped what had occurred regarding the proposed budget cuts at the
Council Workshop on November I, 2007.
Discussion then resumed regarding Budget Reduction Items 186 through 195.
It was the consensus of the City Council to remove the following Budget Reduction Items from
the budget cut list:
Page 14 - Council Minutes
December 4, 2007
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ACTION ITEMS (continued)
Item 186 (Tree Trimming Crew - Tree Trimmer and Senior Tree Trimmer, and related
equipment).
Item 36 [Reduce energy costs by turning off 50% of street lights (250 watt) along arterial streets
and alternating lights on double mast arms].
Item 189 (Eliminate Graffiti Crew (Senior Maintenance Worker and Maintenance Worker I/lI).
Councilmember Castaneda also requested that staff seek ways to fund continuation of the Urban
Core contract services for graffiti removal.
It was the consensus of the Council to include Item 110 (Contract out Fire Communication
Services) on the Budget Reduction cut list, and to outsource these services.
Councilmember Rindone directed staff to provide a report to Council in early January 2008,
followed by an updated report at the end of March, on the following four measures, as indicated
on page 18-8 of the staff report:
I. Citywide hiring freeze extended through the end of the fiscal year.
2. Negotiating team and City's four collective bargaining groups to identify
mutually beneficial ways oflowering personnel costs in the current year.
3. Staff to actively pursue collection of outstanding payments due to the
Redevelopment Agency and seek to restructure some of the debt.
4. Staff to explore options to restructure some of the general fund's outstanding
debt.
Mayor Cox requested that a fifth measure be added as follows:
5. Consistent nurturing of shopping in Chula Vista as it pertains to the City's
revenue.
She then stated that the City Manager should have the ability to take his role as assigned to
provide as many services as are available, and to use his expertise to bring them back in order for
the Council to continue to set policy decisions.
Councilmember Ramirez requested Council consideration to revisit Budget Reduction Items 57,
130,165,194,190,167, and 75. It was the consensus of the Council that these items remain on
the budget cut list.
Councilmember McCann spoke regarding nationally recognized programs that were supported
by the City and included in the citywide budget reductions, suggesting that other lead agencies
affiliated with the programs get involved with funding assistance and to apply for grant funding.
Page 15 - Council Minutes
December 4, 2007
ACTION ITEMS (continued)
Councilmember Ramirez stated he would be abstaining from voting on Item 18A, due to
conflicts with property interests regarding Budget Reduction Item 122.
ACTION:
A.
RESOLUTION NO. 2007-283, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
IMPLEMENT BUDGET REDUCTION PROPOSAL 122
Mayor Cox moved to adopt Resolution No. 2007-283, heading read, text waived.
Councilmember Castaneda seconded the motion, and it carried 4-0-1, with
Councilmember Ramirez abstaining.
Councilmember Castaneda stated he would be abstaining from voting on Item 18B, due to
conflicts with property interests.
B.
ACTION:
C.
ACTION:
RESOLUTION NO. 2007-284, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
IMPLEMENT BUDGET REDUCTION PROPOSALS 190 AND 194 AS
DESCRIBED IN ATTACHMENT A
Deputy Mayor Rindone moved adopt Resolution No. 2007-284, heading read, text
waived. Mayor Cox seconded the motion, and it carried 4-0-1, with
Councilmember Castaneda abstaining.
RESOLUTION NO. 2007-285, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO
IMPLEMENT THE BUDGET REDUCTION PROPOSALS AS DESCRIBED IN
ATTACHMENT A EXCLUDING BUDGET REDUCTION PROPOSALS
36,122,186,189,190, AND 194
Deputy Mayor Rindone moved to adopt Resolution No. 2007-285, as amended, to
include budget reduction proposals 36, 186 and 189, heading read, text waived.
Councilmember Ramirez seconded the motion, and it carried 4-1, with
Councilmember McCann voting no.
Public Hearings (Items 13-16) were heard at this time.
OTHER BUSINESS
19. CITY MANAGER'S REPORTS
There were none.
Page 16 - Council Minutes
December 4, 2007
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20. MAYOR'S REPORTS
Mayor Cox announced that the City held a press conference on December 4, 2007 on Shop
Chula Vista, and she expressed the importance for the City to add to the bottom line on sales
taxes.
21. COUNCIL COMMENTS
Councilmember Ramirez spoke regarding the impending retirement of City Clerk, Susan
Bigelow, and the recruitment process for a new City Clerk position. He suggested that the
recruitment include a statewide search, a selection committee comprised of City Clerk's from
other agencies, community members, and the City Manager, with the goal of selecting the most
qualified candidate for the position in a transparent manner. Additionally, he suggested that once
the position was filled, that it be monitored by the City Council.
Councilmember McCann thanked T A V A for the recent Christmas tree lighting and Yule Parade
event and all those who participated.
Deputy Mayor Rindone expressed his congratulations to T A V A on an excellent Christmas
Parade.
Deputy Mayor Rindone stated that he had not made any public statements for or against
discussions about the relocation of the San Diego Chargers, and announced that he was prepared
to make a definitive statement on a position next week under Council Comments.
Councilmember McCann responded to the comment by Deputy Mayor Rindone regarding the
Chargers, and respectfully requested that Deputy Mayor Rindone permit staff to bring forth
additional information in a report back to Council, prior to making any decisions.
At 10:32 p.m., Mayor Cox convened to Closed Session.
CLOSED SESSION
22. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
. Agency designated representatives: Management Team
. Employee organization: IAFF Local 2180, POA, CVEA, and WCE
No reportable action was taken on these items.
23. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957
Title: City Clerk
No reportable action was taken on this item.
Page 17 - Council Minutes
December 4, 2007
ADJOURNMENT
At 12:10 a.m., Mayor Cox adjourned the meeting to the Regular Meeting of December 11,2007
at 6:00 p.m. in the Council Chambers.
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Lorraine Bennett, CMC, Deputy City Clerk
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Page 18 - Council Minutes
December 4, 2007
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